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Old 02-15-2020, 12:57 PM   #11
finalact4
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Default Re: Help with possible agreement for representation

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Originally Posted by Done Deal Pro View Post
You're right. I'm not saying what you said was wrong. I'm saying your not noting the full story. When you post something like what you said, that is misleading I feel. Not awful. Not terrible. Not vindictive. But a little misleading or lacking, if you will.

You are leaving off the "but..." Yes, someone's work is auto copyrighted when they write it, BUT the need to register it/copyright it with the U.S. government to get the full and proper protection. That's why I noted what I noted.

Your terminology is fine. I just strongly believe based on my experiences in the business and talking with copyright lawyers, that it needs to be emphasized the writer or creator should & still needs to register it officially. You never said, "but be sure to register it too" which I think is important. People frequently need every step spelled out -- err on the side of caution. That's all; and I thought I clearly & respectfully noted that.
Absolutely agree, 100%.
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Old 02-16-2020, 04:04 AM   #12
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Default Re: Help with possible agreement for representation

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Originally Posted by atomicsmurf View Post
His website: https://www.linkedin.com/in/jaypmusic

...What I normally do in most cases is ask for a fair percentage as well as credits (Producer and/or Writer)."

...That I have authority to negotiate contracts and option deals on your behalf.
He wants to claim credit as a writer? AND wants to be able to negotiate contracts on your behalf with just a loosely worded email from you? Run away. Listen to that inner voice that made you post this on here.

Regarding the Copyright discussion, it is absolutely essential every writer register their screenplays here before they start circulating them. Failure to do so in a timely manner automatically causes the writer to lose the right to recoup attorney fees and statutory damages in any infringement lawsuit.

SOURCE:

"To be eligible for an award of statutory damages and attorneys’ fees in a copyright infringement case, the copyrighted work must be registered before infringement commences"
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Old 02-16-2020, 07:51 AM   #13
finalact4
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Default Re: Help with possible agreement for representation

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Originally Posted by manfredlopez View Post
He wants to claim credit as a writer? AND wants to be able to negotiate contracts on your behalf with just a loosely worded email from you? Run away. Listen to that inner voice that made you post this on here.

Regarding the Copyright discussion, it is absolutely essential every writer register their screenplays here before they start circulating them. Failure to do so in a timely manner automatically causes the writer to lose the right to recoup attorney fees and statutory damages in any infringement lawsuit.

SOURCE:

"To be eligible for an award of statutory damages and attorneys’ fees in a copyright infringement case, the copyrighted work must be registered before infringement commences"
Personally, I don't think just bringing a project to Netflix is enough to receive a producer's credit. That's what managers do. You and this producer do not determine credit, the WGA does as far as writing credit goes, and he won't receive writing credit unless he contributes actual writing significant enough for the guild to determine he deserves credit. Normally, the producer would negotiate his producer deal with the third party separately. It comes out of their (Third Party) pocket, not the writer.

OP I understand that you might have already moved on from THIS situation, but if you did proceed with this manager, you want to clarify (among several other points) that if he is speaking about a producer credit, that accepting a producer credit will nullify his claim for 10% (management fees) of your writer fees. Make this very clear.

You would also want to specify that you are attached to the project as "the writer" and that you retain all revisions based on any notes from the producer or other third party agreements.

He can't be both a manager and a producer at the same time. One or the other, those are the rules... You need to be aware of this going forward, so someone doesn't claim the 10% is a consulting fee against you.
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